No charges over late abortion

The curate who tried to see criminal charges brought against two doctors involved in the late abortion of a foetus with a cleft lip and palate last night said she was " disappointed" they would not be prosecuted.

The curate who tried to see criminal charges brought against two doctors involved in the late abortion of a foetus with a cleft lip and palate last night said she was " disappointed" they would not be prosecuted.

The Rev Joanna Jepson, from Herefordshire, said she was seeking legal advice over her next move, but her primary aim was not to see the doctors brought to court.

Instead she would focus on clarifying the law to protect unborn children, particularly those with disabilities.

A police inquiry into the case in Herefordshire was reopened following a judicial review sought by Ms Jepson, aged 28, who grew up with a facial deformity and has a brother with Down ' s syndrome.

Her lawyers argued that an abortion could never be justified under the 1967 Abortion Act on the basis that a cleft lip and palate were a "serious handicap".

She insisted that a cleft lip and palate would not make a child "seriously handicapped" as the doctors had judged the foetus was at serious risk of turning out to be.

The abortion was carried out in 2001 when the woman was more than 24 weeks pregnant - the legal limit for abortions unless there is a risk of serious disability.

West Mercia Crown Prosecution Service said it was satisfied that the doctors who authorised the abortion had acted in good faith and would not face charges.

Chief Crown Prosecutor Jim England said: "The issue is whether the two doctors who had authorised the termination were of the opinion, formed in good faith, that there was a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

"I consider that both doctors concluded that there was a substantial risk of abnormalities that would amount to the child being seriously handicapped.

"The evidence shows that these two doctors did form this opinion and formed it in good faith.

"In these circumstances I decided there was insufficient evidence for a realistic prospect of conviction and that there should be no charges against either of the doctors."

Ms Jepson, aged 28, the curate of St Michael's Church in Chester, said: "While I am disappointed about the CPS's decision to drop the case I am pleased that the case has raised the issue of late term abortion and in particular the plight of disabled babies in late term pregnancy.

"It has exposed grave discrimination and I will be seeking legal advice as a matter of urgency and hope to decide by the end of the week whether I will press ahead to obtain clarification from the courts that unborn babies in the third trimester have human rights."

She also wanted to clarify through the courts what constituted a "serious handicap".

Det Supt Ray Groves, of West Mercia Constabulary, said: "The Crown Prosecution Service have commented on the thoroughness of what was a time-consuming and complex investigation.

" We interviewed every medical professional directly involved in this case and negotiated access to all relevant medical records.

"We sought out specialists in this field of medicine and took evidence and statements from them in order to prepare as detailed a file as possible for consideration by the CPS.

"We are conscious of the public interest in this investigation and the wider legal and ethical issues.

"We are also aware of the impact this case has had on the lives of many individuals and, in particular, the mother."